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Opinions

The Middle District of Pennsylvania offers a database of opinions for the years 1999 to present, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.

Judge Malachy E. Mannion

The general facts in this case are not in dispute. On December 30, 1998, the plaintiff was sledding at Skytop Lodge when he ran into an orange plastic fence which had been placed at the bottom of the hill by Skytop to keep sledders from traveling out onto a lake at the bottom of the sledding hill. On his third run, the plaintiff came in contact with the fence causing him to break his right leg between the ankle and the knee.

Judge Raymond J. Durkin on September 21, 1999. (Doc. No. 12) This action arose out of a fire that occurred on January 20, 1999 at 25-26 Pugh Street, Edwardsville, Pennsylvania. The plaintiffs, Anthony and Henrietta Valenti, were the owners of a rental property located at the above mentioned address. They were insured by the Allstate Insurance Company for fire damage under Insurance Policy No. 098095949. The policy was in effect on the date of the fire which destroyed the building. Following the fire, the plaintiffs submitted a claim for property damage to the Allstate Insurance Company. Allstate denied the claim.

The fire was an arson, a fact not disputed by any of the parties. The defendant, however, claimed that Anthony Valenti was responsible for an intentional act of arson on the property. Therefore, pursuant to an exclusion in the policy, Allstate claimed that plaintiffs were not entitled to any compensation under its policy. Further, the defendant alleged that the plaintiffs made false and fraudulent representations in the presentation of their claim to Allstate.

On October 5, 2001, the plaintiff filed an “Action in Mortgage Foreclosure” against the defendant. (Doc. No. 1). Thereafter on November 27, 2001, plaintiff filed a “Motion For Special Service Pursuant To Special Order Of Court.” (Doc. No. 3). The request was made because of plaintiff’s apparent inability to serve the defendant with a copy of the complaint.

Before the court is the plaintiff Mary Lou Evan’s motion to preclude the defendant’s introduction at trial of surveillance videotape evidence. (Doc. No. 24). This matter has come before the court as a result of an automobile accident that occurred on September 12, 1997. Following that accident, a civil action was filed by the plaintiff in the Court of Common Pleas of Luzerne County but later removed by the defendant to this federal court. (Doc. No. 1). In June of 2000, a case management order was entered by the Honorable Raymond J. Durkin in which he set forth dates to control the orderly pretrial progression of this matter. (Doc. No. 9). Included in that order was a discovery deadline of June 1, 2000. By order of the court, and agreement of counsel, that discovery deadline was later extended until September 30, 2000.

This is a breach of contract matter as well as other claims brought in a complaint filed on July 9, 1999. (Doc. No. 1). The defendants answered and filed a counterclaim on August 3, 1999. (Doc. No. 6). This was followed by plaintiffs’ motion to dismiss the counterclaim, on August 20, 1999. (Doc. No. 7). On September 30, 1999, the matter was referred, following consent of the parties, to a United States Magistrate Judge. (Doc. No. 14). Taking up the motion to dismiss the defendants’ counterclaim, United States Magistrate Judge Raymond Durkin dismissed the counterclaim on January 28, 2000. (Doc. No. 16).

On May 17, 2000, defendants Horn and Chesney authorized thirty (30) CERT officers to conduct “a live exhibition/exercise3” at SCI Frackville within the Restricted Housing Unit, (“RHU”). With “invited civilians” looking on, the CERT officers forcefully extracted him from his cell and “carried/dragged” him to the RHU exercise area, where he was placed in a “cage” and left there with his hands cuffed behind his back. Approximately twenty (20) CERT officers, fully equipped with assorted weapons, were lined up against the wall in the exercise area, causing him to become fearful and emotionally distressed.

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